together: if, in Bolton v Mahadeva (above, p 226), a fire had accidentally started, the question of the level of duty (fault or strict liability) would have centred on the implied term. Did the heating engineers promise to use care and skill, or did they warrant that the materials they used were safe? 2 Is the implied term a means by which courts can remake contracts? 3 Do employees impliedly promise their employers in their contracts of employment that they will not be negligent? Does an employer impliedly promise to warn employees about any lack of insurance cover when the employer asks the employee to work abroad? Is a university under an implied obligation to take out insurance on behalf of its postgraduate students who go abroad to do research? (Cf Reid v Rush and Tompkins plc  1WLR 212.) 4 What if the owner of the ship had been compensated for the damage by his insurance company: would the court still have implied the term so as to allow the insurance company to recover from the wharf owner via the doctrine of subrogation?
Greaves and Co v Baynham Meikle and Partners  1 WLR 1095 Court of Appeal